WVC 17 C- 7 - 1
§17C-7-1. Driving on right side of roadway; exceptions; penalty.
(a) Upon all roadways of sufficient width a vehicle shall be
driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in
the same direction under the rules governing such movement;

(2) When the right half of a roadway is closed to traffic
while under construction or repair;

(3) Upon a roadway divided into three marked lanes for traffic
under the rules applicable thereon; or

(4) Upon a roadway designated and signposted for one-way
traffic.

(b) Upon all roadways any vehicle proceeding at less than the
normal speed of traffic at the time and place and under the
conditions then existing shall be driven in the right-hand lane
then available for traffic, or as close as practicable to the
right-hand curb or edge of the roadway, except when overtaking and
passing another vehicle proceeding in the same direction or when
preparing for a left turn at an intersection or into a private road
or driveway.

(c)
Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.

WVC 17 C- 7 - 2
§17C-7-2. Passing vehicles proceeding in opposite directions;
penalty.
(a) Drivers of vehicles proceeding in opposite directions
shall pass each other to the right, and upon roadways having width
for not more than one line of traffic in each direction each driver
shall give to the other at least one half of the main-traveled
portion of the roadway as nearly as possible
.

(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.

(a) The following rules govern the overtaking and passing of
vehicles proceeding in the same direction subject to these
limitations, exceptions, and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall give an audible signal and
pass to the left of the overtaken vehicle at a safe distance and
may not again drive to the right side of the roadway until safely
clear of the overtaken vehicle.

(2) The driver of a vehicle overtaking a bicycle traveling in
the same direction shall pass to the left of the bicycle at a
distance of not less than three feet at a careful and reduced
speed, and may not again drive to the right side of the roadway
until safely clear of the overtaken bicycle.

(3) Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible signal and may
not increase the speed of his or her vehicle until completely
passed by the overtaking vehicle.

(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or
subsequent conviction, shall be fined not more than $500.

WVC 17 C- 7 - 4
§17C-7-4. Same -- When overtaking on the right is permitted.
(a) The driver of a vehicle may overtake and pass upon the
right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a
left turn;

(2) Upon a street or highway with unobstructed pavement not
occupied by parked vehicles of sufficient width for two or more
lines of moving vehicles in each direction;

(3) Upon a one-way street, or upon any roadway on which
traffic is restricted to one direction of movement, where the
roadway is free from obstructions and of sufficient width for two
or more lines of moving vehicles.

(b) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting such
movement in safety. In no event shall such movement be made by
driving off the pavement or main- traveled portion of the
roadway.

WVC 17 C- 7 - 5
§17C-7-5. Same -- Limitations on overtaking on the left; penalty.
(a) No vehicle shall be driven to the left side of the center
of the roadway in overtaking and passing another vehicle proceeding
in the same direction unless such left side is clearly visible and
is free of oncoming traffic for a sufficient distance ahead to
permit such overtaking and passing to be completely made without
interfering with the safe operation of any vehicle approaching from
the opposite direction or any vehicle overtaken. In every event
the overtaking vehicle must return to the right-hand side of the
roadway before coming within one hundred feet of any vehicle
approaching from the opposite direction.
(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.

WVC 17 C- 7 - 6
§17C-7-6. Same -- Further limitations on driving to left of center
of roadway; penalty.
(a) No vehicle shall at any time be driven to the left side of
the roadway under the following conditions:

(1) When approaching the crest of a grade or upon a curve in
the highway where the driver's view is obstructed within such
distance as to create a hazard in the event another vehicle might
approach from the opposite direction;

(2) When approaching within one hundred feet of or traversing
any intersection or railroad grade crossing;

(3) When the view is obstructed upon approaching within one
hundred feet of any bridge, viaduct, or tunnel.

(b) The foregoing limitations shall not apply upon a one-way
roadway.

(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.

WVC 17 C- 7 - 7
§17C-7-7. Same -- No-passing zones; penalty.
(a) The commissioner of highways is hereby authorized to
determine those portions of any highway where overtaking and
passing or driving to the left of the roadway would be especially
hazardous and may by appropriate signs or markings on the roadway
indicate the beginning and end of such zones and when such signs or
markings are in place and clearly visible to an ordinarily
observant person every driver of a vehicle shall obey the
directions thereof.

(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.

(b) Upon a roadway designated and signposted for one-way
traffic a vehicle shall be driven only in the direction designated.

(c) A vehicle passing around a rotary traffic island shall be
driven only to the right of such island.

(d) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.

WVC 17 C- 7 - 9
§17C-7-9. Driving on roadways laned for traffic; penalty.
(a) Whenever any roadway has been divided into two or more
clearly marked lanes for traffic the following rules in addition to
all others consistent herewith shall apply:

(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from such lane
until the driver has first ascertained that such movement can be
made with safety.

(2) Upon a roadway which is divided into three lanes a vehicle
shall not be driven in the center lane which is clearly marked as
a left turn lane except in preparation for a left turn or where
such center lane is at the time allocated exclusively to traffic
moving in the direction the vehicle is proceeding and is signposted
to give notice of such allocation.

(3) Official signs may be erected directing slow-moving
traffic to use a designated lane or designating those lanes to be
used by traffic moving in a particular direction regardless of the
center of the roadway and drivers of vehicles shall obey the
directions of every such sign.

(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.

WVC 17 C- 7 - 10
§17C-7-10. Following too closely.
(a) The driver of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent having due
regard for the speed of such vehicles and the traffic upon and
the condition of the highway.

(b) It shall be unlawful for the operator of any motor
truck, registered for a gross weight of more than eight thousand
pounds, bus, special mobile equipment or any motor vehicle
drawing another vehicle operating upon any roadway outside of a
business or residence district, to follow within two hundred feet
of another motor truck, bus, special mobile equipment or any
motor vehicle drawing another vehicle: Provided, That this
provision shall not be construed to (1) prevent overtaking and
passing, (2) apply upon any lane specially designated for the use
of motor trucks or combinations of vehicles, or within any
section of a roadway posted or marked as a "no-passing zone," (3)
apply to any convoy of vehicles of the military service of the
United States or of this state and (4) apply to funeral
processions.

(c) Motor vehicles being driven upon any roadway outside of
a business or residence district in a caravan or motorcade
whether or not towing other vehicles shall be so operated as to
allow sufficient space between each such vehicle or combination
of vehicles so as to enable any other vehicle to enter and occupy
such space without danger. This provision shall not apply to (1)
funeral processions; or (2) any convoy of vehicles of the
military service of the United States or of this state.

WVC 17 C- 7 - 11
§17C-7-11. Driving on divided highways; penalty.
(a) Whenever any highway has been divided into two roadways by
leaving an intervening space or by a physical barrier or clearly
indicated dividing section so constructed as to impede vehicular
traffic, every vehicle shall be driven only upon the right-hand
roadway and no vehicle shall be driven over, across, or within any
such dividing space, barrier, or section, except through an opening
in such physical barrier or dividing section or space or at a
crossover or intersection established by public authority.

(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.

WVC 17 C- 7 - 12
§17C-7-12. Controlled-access roadway -- Driving onto or from;
penalty.
(a) No person shall drive a vehicle onto or from any
controlled-access roadway except at such entrances and exits as are
established by public authority.

(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.

WVC 17 C- 7 - 13
§17C-7-13. Controlled-access roadway -- Restrictions on use by
nonmotorized traffic, cycles, etc.
The state road commission may by resolution or order entered
in its minutes and local authorities may by ordinance with
respect to any controlled-access roadway under their respective
jurisdictions prohibit the use of any such roadway by
pedestrians, bicycles, or other nonmotorized traffic or by any
person operating a motor-driven cycle.

The state road commission or the local authority adopting
any such prohibitory regulation shall erect and maintain official
signs on the controlled-access roadway on which such regulations
are applicable and when so erected no person shall disobey the
restrictions stated on such signs.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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